No. 11/2/2013-IR (Pt.)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi,
Dated thee. th August, 2013
OFFICE MEMORANDUM
Subject: Disclosure of personal information under the RTI Act, 2005.
The Central Information Commission in one of its decisions (copy enclosed)
has held that information about the complaints made against an officer of the
Government and any possible action the authorities might have taken on those
complaints, qualifies as personal information within the meaning of provision of
section 8 (1) (j) of the RTI Act, 2005.
2.
The Central Information Commission while deciding the said case has cited
the decision of Supreme Court of India in the matter of Girish R. Deshpande vs. CIC
and others (SLP (C) no. 27734/2012) in which it was held as under:-
"The performance of an employee/Officer in an organisation is primarily a matter
between the employee and the employer and normally those aspects are governed by
the service rules which fall under the apression 'persona? information', the
disclosure of which has no relationship to any public activity or public interest. On
the other hand, the disclosure of which could cause unwarranted invasion of the
privacy of that individual."
The Supreme Court further held that such information
could be disclosed only if it would serve a larger public interest.
3.
This may be brought to the notice of all concerned.
End: As above.
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40;frn
(Maltoj Joshi)
Joint Secretary (AT&A)
Tel: 23093668
i . All the Ministries / Departments of the Government of India.
2.
Union Public Service Commission /Lok Sabha Secretariat/ Rajya Sabha
Secretariat/ Cabinet Secretariat/ Central Vigilance Commission/ President's
Secretariat/ Vice-President's Secretariat/ Prime Minister's Office/ Planning
Commission/Election Commission.
3.
Central Information Commission/ State Information Commissions.
4.
Staff Selection Commission, CGO Complex, New Delhi.
5.
O/o the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg,
New Delhi.
6.
All officers/Desks/Sections, DOP&T and Department of Pension & Pensioners
Welfare.